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Planned Parenthood Golden Gate v. Superior Court of San Mateo County8/28/2000
on movement. And, although we do not assume the recommended protective order will be violated, the potential consequences of such a violation pose too serious of a risk for us to ignore.
Further, the risk is unnecessary. The state's interest in promoting truth in litigation, the real parties' interests in obtaining access to potential witnesses, and the privacy interests of third parties can all be accommodated by an order which: (1) permits Planned Parenthood to use pseudonyms to identify potential third-party witnesses who Planned Parenthood does not intend to call as witnesses and whose identities are currently unknown to real parties; and (2) permits Planned Parenthood to offer its own address and telephone number instead of disclosing the residential addresses and telephone numbers of third party staff and volunteers with respect to whom Planned Parenthood's counsel has agreed to accept service of process.
The superior court's discovery order constitutes an abuse of discretion. The court failed to balance the constitutional privacy interests of non-parties against the state's interest in compelling disclosure of the information at issue. Indeed, the court may not have recognized the over-riding privacy interests at issue in this case at all. Accordingly, we conclude that the superior court's discovery order must be vacated.
IV. DISPOSITION
Let a peremptory writ of mandate issue commanding respondent superior court to vacate that part of its discovery order which compels disclosure of (1) the identities of non-party staff and volunteers of Planned Parenthood who have refused to consent to such disclosure; and (2) the home addresses and telephone numbers of non-party Planned Parenthood staff and volunteers. Respondent is directed to enter a new and different order that is consistent with this opinion. Costs are awarded to Planned Parenthood.
We concur: Kline, P.J.; Ruvolo, J.
Trial Court: Superior Court of San Mateo County
Trial Judge: Hon. Phrasel Shelton
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